Nurse at Maplewood in Canton could get jail time if convicted of failing to provide medication to sick patients

Thursday, April 25, 2013 - 3:02 pm

CANTON – A licensed practical nurse at Maplewood Health Care and Rehabilitation Center has been arrested for allegedly falsifying medical records of four residents indicating she had dispensed their medications when she had not.

The specific charges against Krysta Davis, according to New York Attorney General Eric T. Schneiderman, include falsifying business records in the first degree, falsifying business records in the second degree, endangering the welfare of an incompetent or physically disabled person, and willful violation of health laws. They carry a potential sentence of up to four years imprisonment.

Davis was arraigned Tuesday by Town of Canton Justice Christopher J. Curley. Davis pleaded not guilty and was released on her own recognizance.

The drugs allegedly not dispensed included treatments for dementia, coronary artery disease, bi-polar disorder and other health problems. The announcement from the attorney general’s office says that the incidents were identified before significant harm resulted. The activity was detected by a co-worker and reported by Maplewood Health Care and Rehabilitation Center, a unit of United Helpers in Ogdensburg.

The investigation was conducted with the New York State Department of Health. The investigation which resulted in today’s arraignment was performed by the Syracuse office of the Attorney General’s Medicaid Fraud Control Unit.

"It is shameful and appalling that someone hired to take care of our most vulnerable citizens would abuse her position as a caregiver," said Attorney General Schneiderman. "My office is committed to ensuring that anyone who abuses our sick and elderly is held responsible and prosecuted to the fullest extent of the law. "

Also on Wednesday, Tiffany Kerr of Massena and Keri Trombley of Norfolk were arraigned by Canton Justice Curley on a charge of grand larceny in the third degree. They are accused of stealing over $9,000 from the New York Medicaid program.

They each entered a plea of not guilty and were released on their own recognizance.

In December 2011 Kerr was hired by the Cerebral Palsy Association of the North Country (CPNC), a Medicaid provider, as a respite worker for Trombley’s son. Respite care is intended to provide short term, periodic care for a patient when the family or the primary caregiver cannot provide necessary care.

Shortly after starting the respite care, Kerr and Trombley allegedly entered into an agreement whereby Kerr would file time sheets for respite care with CPNC for hours she did not work, and Trombley would falsely verify those time sheets. Pursuant to their agreement, the money generated by the scheme would be shared, including acts where Kerr would buy groceries for Trombley and pay some of Trombley’s bills from Kerr’s wages. This arrangement is alleged to have occurred between December 28, 2011, and May 16, 2012.

This investigation was commenced after CPNC notified the Attorney General’s Medicaid Fraud Control Unit in Syracuse.